R v HG; R v WE (No 2) [2018] NSWSC 1178

R v HG; R v WE (No 2) [2018] NSWSC 1178

The challenged passages did not satisfy s 78 of the Evidence Act 1995 (NSW) because the primary facts underlying the asserted opinions were not too evanescent to remember or too complicated to narrate, and the opinions were not necessary to obtain an adequate account of Officer A's or Officer B's perceptions where the witnesses could give evidence of their own observations. The evidence was therefore excluded.

Jurisdiction
Australia
Judgment Date
31 July 2018
Procedural Posture
Criminal Proceeding / Procedural Ruling on Objection to Evidence on the Voir Dire
Outcome
Evidence excluded.
Legal Topics
['lay Opinion Evidence' 'admissibility of Evidence' 'evidence Act 1995 (nsw) S 78' 'voir Dire']
['evidence' 'criminal Law'] ['lay Opinion Evidence' 'admissibility of Evidence' 'evidence Act 1995 (nsw) S 78' 'voir Dire']

Case Brief

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Procedural Posture

Criminal Proceeding / Procedural Ruling on Objection to Evidence on the Voir Dire

Legal Issues

  1. 1 ['Whether parts of an ASIO Intelligence Report recording observations and impressions of the accused WE in an interview were admissible as lay opinion evidence under s 78 of the Evidence Act 1995 (NSW).' "Whether evidence of the interviewing officers' opinions was necessary to obtain an adequate account or understanding of their perceptions of WE during the interview."]

Ratio Decidendi

The challenged passages did not satisfy s 78 of the Evidence Act 1995 (NSW) because the primary facts underlying the asserted opinions were not too evanescent to remember or too complicated to narrate, and the opinions were not necessary to obtain an adequate account of Officer A's or Officer B's perceptions where the witnesses could give evidence of their own observations. The evidence was therefore excluded.

Court Disposition

Evidence excluded.

Orders

  • ['The evidence will be excluded.']